tv CBS 5 Eyewitness News at Noon CBS November 5, 2010 11:00am-11:30am PST
good afternoon. i'm allen martin. any minute now we expect to learn the fate of former bart officer johannes mehserle. mark sayre shows us what's happening right now. mark. >> reporter: well, allen, the sentencing hearing for johannes mehserle has been under way all morning in a los angeles courtroom. that hearing got off to a noisy start with a protest outside of the courthouse. one protestor in fact was arrested a short time ago. cameras are not allowed inside the courtroom, but superior court judge robert perry has been reading excerpts from the more than 1,000 letters and postcards that he has received from members of the community. mehserle has been behind bars since the jury reached its verdict on july 8. also, today his defense team is asking the judge for a new trial. among other claims, mehserle's attorneys say they have uncovered new cases of officers confusing their guns with their tasers. the former bart officer faces between two and four years in prison for the involuntary manslaughter charge, plus an additional three to ten years for that gun enhancement charge. but one legal expert says since officers are required to carry
weapons, that gun enhancement charge might not stick. >> i actually think it should be thrown out. i think the the judge may be reluctant to do that. >> mehserle testified at trial that he mistakenly used his gun instead of his taser when he shot oscar grant at the fruitvale bart station in the early hours of new year's day 2009. mehserle's attorney is asking the judge for probation arguing that sentence would not leave mehserle unpunished because he has already lost his career and has now served more than 4 months in custody. we are getting early reports that mehserle has taken the stand. that sentencing should be handed down in the next 30 minutes. the courthouse in a break right now. after the break we may have a decision in the case. >> thank you, mark sayre. we should tell you cbs 5's robert lyles is in the courtroom. we expect to hear from him the moment the sentence is hand down. now, back in july, there was violence in oakland after the verdict was read in the case. today, oakland police are saying they are ready for anything. anne makovec continues our coverage in oakland with how
businesses are handling things this afternoon. anne. >> reporter: yeah, here in downtown oakland, some businesses are boarded up but some are not as you can see right next door. and across the street, the exact same scenario. some just leaving caution to the wind and others making all of the preparations. police, though, as you mentioned, allen, are not thinking that this is going to be as serious as it was in july when it comes to the threat of rioting. but they will be ready to swoop in if needed. >> they say they're going to riot. we'll find out in a couple of hours i guess. >> reporter: business is all over oakland's downtown boarded up before the sentences. >> i guess it's cheaper to board up than replace gas. >> reporter: but this business owner doesn't know if he will board up today as he did in july. >> i did. [ indiscernible ] >> i tried to protect my property.
>> reporter: this cell phone video was shot outside his store as rioters worked for almost half hour to get past his boards and gate. >> i called 45 minutes 911 and i need your help, i need your help, nobody came. >> reporter: cho lost all his merchandise. >> they are not really protesting. they're stealing from people. >> they just run on emotion. you know? it's just emotion. they are not thinking. >> reporter: aaron nicholson thinks some protest is justified, but not the kind that hurts local businesses. >> it's going to be crazy. it's going to be crazy... either way. either way. >> reporter: but the hope for a peaceful protest is still alive. >> i think people are trying to do the right thing. people's hearts are in the right places, i think, and if everybody stays focused on doing the right thing and being positive, i think the outcome of the city and everything will be positive. >> reporter: and that is the hope. police say they have talked to churches as well as people who describe themselves as anarchists to try to get
everybody on the same page that rioting and looting don't hurt anybody but innocent people here in the community. there is going to be one peaceful demonstration planned right now for oakland city hall. that starts at 2 p.m. >> thank you, anne makovec in oakland. now, if you have to drive in downtown oakland today, there are some parking restrictions in effect. first of all, there's an area bordered by 12th, 17th, franklin and jefferson streets. also, broadway from 12th to 19th streets, and the 1700 block of telegraph avenue. the parking ban, by the way, going to be in effect until tomorrow morning. and again, any minute now we're expecting the sentencing for former bart officer johannes mehserle from l.a. we'll keep you posted. other news this afternoon, the party got pushed from power and you know what we are learning what house speaker nancy pelosi plans to do. she sent a letter to her colleagues today saying she will run to become house democratic leader in the next congress. some had speculated she might resign when republicans took
control of the house. pelosi says there is still a lot of work left to do and she is hoping for support from her fellow democrats. apparently a murderer posed as a utility worker to get access to his victim according to san francisco police this afternoon. 46-year-old kathleen horan was found dead in her apartment in the russian hill neighborhood on chestnut street a week ago. she was a well-known publicist, often seen at parties throughout the bay area. today police said that her killer went door to door saying he was checking for a gas leak. he was wearing a construction hard hat, green safety vest and tool belt. he was carrying a toolbox and may have wounded his hand in the attack. other headlines in our bay area watch, a teenager dies along the railroad tracks in the east bay. part of amtrak's capitol corridor line in albany had to be shut down this morning after a person was hit and killed by an oncoming train about 6 a.m. police say the victim was one of two teenagers who were walking on the tracks. in oakland, this home owner
got a surprise. the car smashed into the garage of this house on capistrano drive. it was 2 a.m. nobody in the home or the car was hurt but police said they took two people into custody. drivers in san francisco, get ready for this. the city is going to be giving out more parking tickets over the next few months. the municipal transportation agency says it has to do that because of a huge shortfall in parking citation revenues. apparently since june, parking control officers have fallen behind on their ticket goals by $7.5 million. all right. coming up, encouraging news if you are looking for a job. what we're seeing for the first time in months. plus, another close call in the air. scary thing passengers saw and heard on board a qantas flight. what would you do if you won $11 million? why this couple gave just about all of it away. well, our forecast for today, i don't want to give it all away just yet but you
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will help improve your lung function for better breathing. get your first full prescription free and save on refills. point 8 quake hit just afte9 a-m.. near long beac small earthquake rattled southern california this morning. magnitude 3.8 quake hit just after 9 a.m. right near long beach. no reports of any damage or injuries there. but just a day after an engine blew out on this qantas airlines flight, another qantas jet engine caught fire today. the flight landed safely in singapore this morning just minutes after it took off from there. 431 people were on board that boeing 747. yesterday a qantas airbus a-380 jet made an emergency landing at the same singapore airport after an engine blew out.
another delay for the space shuttle discovery. nasa scrubbed today's scheduled launch. this was after crews discovered a potentially dangerous hydrogen gas leak. there is a chance the shuttle could launch on sunday. however, that falls through, nasa's going to have to wait until december. earlier this week, the launch was delayed because of bad weather and some other mechanical problems. the unemployment rate has not changed in the last three months. that's according to a new jobs report out today. joel brown says that it's a sign of the big challenge facing lawmakers, many of whom were just elected. reporter: president obama says the new unemployment numbers show the economy is improving. employers hired 151,000 people last month, the most since may. >> over the course of the last several months, we have seen over a million jobs added to the american economy. >> reporter: but the unemployment rate remains stuck at 9.6% for the third month in a row. and the results of the midterm
election shows people are losing patience. >> an encouraging jobs report doesn't make a difference if you're still one of the millions of people who are looking for work. >> reporter: for most americans, the economy is the number one issue. and the president is signalling he is willing to work with the republicans and make compromises. republican leaders are already demanding an extension of tax cuts to all americans. >> the american people want to us put aside the left wing wish list and work together on helping to create jobs and restore the economy to health and prosperity. >> reporter: president obama's leaving for a 10-day trip to asia. he hopes those countries will help the u.s. economy by buying more american exports. at the white house, joel brown, cbs 5. coming up, the party isn't over yet. giants fans waiting in line for hours. who they are hoping to catch a glimpse of and a special berth for a lucky few. >> remember all that sunshine?
then the parade. this morning was a chance to meet one of those unlikely heroes. fans were lined up outside macy's to meet cody ross, the mvp of the national league championship series earning himself legend status among the giants faithful. >> legends status. >> he is going to sign it with a silver pen. and i also bought a t-shirt, world champions. >> i have been a giants fan forever and i used to come to games with my dad when willie mays and willie mccovey were playing. so it's a real thrill for me to be here with john. it's great for us. >> some people thrilled. there was a catch. you had to buy at least $25 worth of giants world series championship gear for a chance to meet cody ross. fans of pitcher brian wilson trying to get him a new gig. they have started a facebook campaign. they would like him to host "saturday night live." >> he would be hilarious. >> about 14,000 people like that idea so far. you might remember it worked for actress betty white. >> yeah. >> she hosted snl, but she had
half a million facebook fans. >> now, he is a little out of control. >> given enough time -- >> it's only live on the east coast. by the time we see it, it will be all edited out. >> all right. how many fans do you have on facebook? >> not that many of. and you probably may want to edit out our weather forecast. a little editing over the weekend. just a little. if i were towed it a day i would take the rainfall out of sunshine and kick up the sunshine but i don't have those type of powers. i can just tell you what's going on. clouds in advance of a low pressure system is going to hold down today's temperatures. san jose, yesterday san jose had a new record high, today those temperatures they're cooling down. here's a look at your afternoon highs across the bay area. to the upper 70s inland today, partly cloudy and mild. upper 60s around the bay. slightly cooler. mid-60s along the coastline with mostly cloudy conditions
expected. for tonight, areas of foul of fog for the entire bay area and inland. bottom line, changes ahead. what type of changes? tomorrow, more clouds, cooler temperatures than today, sunday more clouds, we'll also increase the chance of rainfall across the bay area. and temperatures will cool down to the 60s. much cooler than today's highs. here's a look at your afternoon highs. 75 in fremont. 77 in milpitas. 75 in sunnyvale. 77 in san jose. and the mid-70s from palo alto to redwood city, east bay location, yesterday the 80s. today, the 70s. 75 in antioch, 76 in danville, 78 in pleasanton and 77 degrees in livermore. just along the bay here, 66 in berkeley. oakland yesterday had a daytime high of 81 degrees. it was a record high. today, you're only going to up to 68 degrees. north bay locations, 73
sonoma, 68 novato, 72 santa rosa and petaluma, upper 60s in san rafael and san anselmo, 66 mill valley, 66 san francisco, 62 sausalito. five-day forecast, so today we cool down. tomorrow we cool down just a bit more. sunday, we add the chance of rainfall in the bay area. could see up to an inch in the north bay, half inch in the bay area. monday through thursday 60s and a mix of sun and clouds. couple of events in the bay area. do you like golf? fred couples is playing in the champion tour. it will be going on through the weekend. conditions in the lower 60s. don't forget a chance of rain sunday. the hula festival alameda county fair pleasanton, mid- 70s. and daylight saving, say bye- bye. you get an extra hour of sleep sunday morning. fall back one hour and don't forget to replace the battery in your smoke detector. that's a look at your weather. back up to you. >> thank you. i have an event, too.
tomorrow the san francisco author's luncheon benefitting the national kidney foundation and cbs 5 is a proud sponsor of that. joining me now one of the authors taking part in the event, welcome, michael. >> thank you >> i have seen you all over the commercials. we're running those. tell me about your book. >> i wrote a book called spiritual entity that tries to ascertain what we should belief or not believe or at least what i felt should believe or not believe. it's on the best-seller list i'm glad to say. >> tell me about your history with the kidney foundation. what got you involved? you have a aren't think history with them. >> i do. it goes back to my being host of the morning show on public radio, the npr affiliate so i was the emcee and then became an author three years ago and featured my book and this year i'm doing that again. nancy snyderman will be the emcee. she will be filling that's very small shoes of mine and we'll have some other writers.
it's an extraordinary event for a great cause and i urge people to come in and participate. we also have abraham a popular stanford professor and author. leland yu a chinese-american who is much praised and won many awards and we have cookbook writer, kids book writer, a diversity of national figures. probably the preeminent literary event of its type in the country. >> this is the 22nd annual event. >> we have armstead recently featured on my radio program. we tried to go a little more local in the past we have had people like kirk douglas and mike wallace big name stars. i don't know necessarily we have any big name stars this year but we certainly have some great people. >> michael crasney. >> nice of you to say.
even well fitting dentures let in food particles. just a few dabs of super poligrip free is clinically proven to seal out more food particles so you're more comfortable and confident while you eat. super poligrip free made even the kiwi an enjoyable experience. [ charlie ] try super poligrip free. well, today's tip of the day is going to be is with mint. anything with mint to me is
incredible especially on the tomatoes instead of basil. in sicily they use mint. and let me tell you, you have to buy it right. select it nice and green like this all the way around so important. the least, free from any yellowing whatsoever that is also extremely important. if it doesn't have that wonderful -- hold on... mint aroma, do not buy t get a glass, put this in a glass of water or cup and then cover it with a little bit of plastic or paper towel around it and keep it in the refrigerator but don't store it for too long. buy it and enjoy it right away especially with melon salads or fruit salads or even on top of fish with some lemon at the very end. mint is so important to so many different cultures. the cuisine and recipes. and i'm tony tantillo, your fresh grocer. and always remember to eat fresh and stay healthy. oh, i love the smell. you want to smell it? there you go. coming up at 5:00 an arrest in the dognapping of little deuce. why it provides little comfort for the dog's 80-year-old
owner. and how healthy are your friends? how obesity can be contagious. that and more at 5:00 tonight. what would you do if you hit the jackpot? one couple gave almost all of it away. allen and violet won more than $11 million. they still live in the same house, no giant plasma tvs and no new cars. >> nothing. >> absolutely nothing. >> we haven't bought one thing. >> we're very happy with what we got. you can't buy happiness. >> no, you can't. violet is just getting over surgery and chemotherapy treatments for cancer. the couple gave some of the money to their family, kept some of it for emergencies for themselves, but the majority hand-delivered it to charities that they picked out. pretty nice. all right. that's our newscast at noon.
we are watching developments in los angeles and the sentencing of former bart officer johannes mehserle. we're going to bring you that live this afternoon just as soon as it happens. we have full reports planned for you from los angeles as well as oakland. we are told that oakland police are on standby because everyone has gone back into court in los angeles. so we're anticipating the sentencing at any minute. and don't forget, we're always on cbs5.com. stay with us. life... "she encourage os to